Lexington, NC asked in Elder Law for North Carolina

Q: Can my mother give her house to one of her children when she comes out of the nursing home?

My mother is on medicade and medicare and is in the nursing home for rehab. she is getting out dec. we don't won't her to loose her house to keep the state from getting it.

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in North Carolina

A: Nope. Medicaid by law is mandated to seek recovery from your mother's estate when she dies. If she gives the house away now then she will not be eligible for Medicaid.

The time for planning was long ago before your mother started receiving Medicaid. However, your mother should see an elder law attorney.

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